THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, STACK, FONTANA, ORIE, M. WHITE, BREWSTER, RAFFERTY, SCHWANK, MENSCH, ERICKSON, VOGEL, WAUGH, BAKER, WASHINGTON, FARNESE, BROWNE AND WILLIAMS, OCTOBER 4, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, OCTOBER 4, 2011  

AN ACT

Amending the act of December 4, 1996 (P.L.893, No.141), entitled

"An act providing for volunteer health services; limiting

liability of a volunteer license holder; and requiring

reports," further providing for purpose, for definitions and

for liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of December 4, 1996

(P.L.893, No.141), known as the Volunteer Health Services Act,

is amended to read:

Section 2.  Purpose.

It is the purpose of this act to [increase]:

(1) Increase the availability of primary health care

services by establishing a procedure through which physicians

and other health care practitioners who are retired from

active practice may provide professional services as a

volunteer in approved clinics serving financially qualified

persons and in approved clinics located in medically

underserved areas or health professionals shortage areas.

(2)  Increase the availability of mental health services

by establishing a procedure through which physicians and

other health care practitioners who are retired from active

practice may provide mental health services as a volunteer to

United States military personnel and their families through

an approved clinic.

Section 2.  Section 3 of the act, amended June 19, 2002

(P.L.406, No.58), is amended to read:

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Approved clinic."  An organized community-based clinic

offering primary health care services to individuals and

families who cannot pay for their care, to medical assistance

clients or to residents of medically underserved areas or health

professionals shortage areas. The term may include, but shall

not be limited to, a State health center, nonprofit community-

based clinic and federally qualified health center, as

designated by Federal rulemaking or as approved by the

Department of Health or the Department of Public Welfare. The

term shall also include a nonprofit organization as defined

under section 501(c)(3) of the Internal Revenue Code of 1986

(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to

provide free mental health services offered by licensed

volunteers, whether inside or outside a clinic setting, to

United States military personnel and their families regardless

of income.

"Board."  The State Board of Medicine, the State Board of

Osteopathic Medicine, the State Board of Dentistry, the State

Board of Podiatry, the State Board of Nursing, the State Board

of Optometry [and], the State Board of Chiropractic, the State

Board of Psychology and the State Board of Social Workers,

Marriage and Family Therapists and Professional Counselors.

"Health care practitioner."  An individual licensed to

practice a component of the healing arts by a licensing board

within the Department of State.

"Licensee."  An individual who holds a current, active,

unrestricted license as a health care practitioner issued by the

appropriate board.

"Mental health services."  The term includes, but is not

limited to, marital and family therapy, substance abuse

counseling and treatment for post-traumatic stress disorder and

traumatic brain injury.

"Primary health care services."  The term includes, but is

not limited to, regular checkups, immunizations, school

physicals, health education, prenatal and obstetrical care,

early periodic screening and diagnostic testing [and], health

education and mental health services.

"Volunteer license."  A license issued by the appropriate

board to a health care practitioner who documents, to the

board's satisfaction, that the individual will practice only in

approved clinics without remuneration, who is:

(1)  a retired health care practitioner; or

(2)  a nonretired health care practitioner who is not

required to maintain professional liability insurance under

the act of October 15, 1975 (P.L.390, No.111), known as the

Health Care Services Malpractice Act, or the act of March 20,

2002 (P.L.154, No.13), known as the Medical Care Availability

and Reduction of Error (Mcare) Act, because the health care

practitioner is not otherwise practicing medicine or

providing health care services in this Commonwealth.

Section 3.  Section 7(b) of the act is amended to read:

Section 7.  Liability.

* * *

(b)  Application.--

(1)  This section shall not apply unless:

(i)  the approved clinic posts in a conspicuous place

on its premises an explanation of the exemptions from

civil liability provided under subsection (a)[.]; or

(ii)  in the case of an approved clinic that is a

nonprofit organization providing free mental health

services to United States military personnel and their

families, the volunteer licensee posts an explanation of

the exemptions from civil liability in a conspicuous

place on the premises in which the volunteer licensee is

providing the services.

(2)  The protections provided by this section shall not

apply to institutional health care providers, such as

hospitals or approved clinics, subject to vicarious liability

for the conduct of a volunteer license holder. The liability

of such institutional defendants shall be governed by the

standard of care established by common law.

Section 4.  This act shall take effect immediately.